Justia Animal / Dog Law Opinion Summaries

The case involved a business owner who operated an event rental company in Asheville, North Carolina. On May 17, 2021, while driving a company vehicle with an employee as a passenger, the owner encountered a man who was locally known for panhandling with his cat, Thomas, usually in a stroller. After a brief interaction in which the driver harassed the man by flicking a golf ball at him, the driver drove onto a grassy area and struck the stroller with the cat inside. Witnesses saw the incident, and the cat was shaken but not physically harmed. Police investigation soon focused on the event rental company’s trucks and driver records. When asked by police about driver documentation, the owner first denied having records, then claimed ignorance about who drove the truck, and eventually law enforcement discovered that the physical copy of the key scheduling document for May 17 was missing, though a digital copy was later found on the owner’s phone.The Superior Court in Buncombe County denied the defendant’s motions to dismiss charges of felony obstruction of justice and felony cruelty to animals. The jury found him guilty on both counts. On appeal, a divided panel of the North Carolina Court of Appeals affirmed the convictions, holding there was sufficient evidence to submit both charges to the jury. The majority used a “knew or should have known” standard for the cruelty to animals charge, while the dissent argued the obstruction charge should have been dismissed due to lack of legal obligation to retain documents and absence of effective obstruction.The Supreme Court of North Carolina affirmed the lower courts’ denial of the motions to dismiss, holding that substantial evidence supported both charges. Importantly, the Supreme Court clarified that the felony cruelty to animals statute requires proof of actual knowledge—not just what the defendant should have known—regarding the presence of an animal. The Court modified the Court of Appeals’ analysis accordingly but affirmed the result. View "State v. Ford" on Justia Law

In this dispute over whether a landlord was liable for harm caused by his tenants' dog the Supreme Court affirmed the decision of the court of appeals affirming the trial court's grant of summary judgment for Landlord, holding that Plaintiff failed to show that a genuine issue of material fact existed for trial.A seven-year-old boy was bitten by a dog owned by tenants of Landlord's property. Plaintiff brought this complaint against Landlord seeking to recover for the boy's injuries. The trial court granted summary judgment in favor of Landlord, and the court of appeals affirmed. The Supreme Court affirmed, holding (1) there was insufficient evidence to support a claim that Landlord knew that the dog posed a danger before it bit the boy; and (2) therefore, Landlord was entitled to judgment as a matter of law. View "Curlee v. Johnson" on Justia Law